Did Apple Pay Too Little Tax? Appealing the EU Ruling on Illegal State Aid

Morten Bennedsen, Brian Henry, Alexandra Roulette, Mark Stabile

Publikation: AndetUdgivelser på nettet - Net-publikationUndervisning

Abstract

On 30 August 2016, Margrethe Vestager, the European Commissioner for Competition, ordered Ireland to recover €13 billion in illegal state aid that the state had granted Apple over a decade from 2003. In allowing Apple to pay close to zero in taxes, she ruled, Ireland had given the foreign company a selective advantage over other businesses paying the regular corporate tax rate of 12.5%. Tim Cook, CEO of Apple, and Enda Kenny, the Irish Prime Minister, appealed the ruling, a process that is still ongoing. The case explores this event from five analytical pillars: 1) the role of Ireland’s low corporate tax rate in attracting FDI; 2) Apple’s decision to allocate its earnings to a paper company in Ireland with no physical presence in the country; 3) the repatriation of foreign earnings to the United States; 4) the transfer payments that Apple makes to the US to pay for R&D; 5) the Commissioner’s decision to impose a retroactive tax penalty on a foreign company that acted in accordance with the tax arrangements granted by its host country.
OriginalsprogEngelsk
Publikationsdatomaj 2018
UdgiverINSEAD Publishing
Antal sider13
StatusUdgivet - maj 2018

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